The European Green Deal pursues to make Europe the world's first carbon-neutral continent, and United Nations Sustainable Development Goal 15 seeks neutrality towards land degradation. Soil requires adequate protection and preservation, being a depletable natural resource, which, is relevant to move its management to an environmentally conscious framework. Soil supplies food regulates water and nutrient cycles, and healthy soils store carbon. Its ecosystem services are under pressure, making it difficult to maintain its health and preserve biodiversity. Despite existing legal instruments, soil degradation is on ascent and mostly addressed indirectly in the EU governance measures, without yet one harmonized soil legislation. The aim of this study is to carry out a critical analysis of Portuguese and European Union soil legislation, based on the information available in the SoiLEX database. In this way, it proposes to verify the contributions of that legislation to the soil, regarding, particularly, soils threats that are listed at this database. Subsequently, a SWOT analysis was carried out for each soil legislation, and it was found that there are more Portuguese legislative acts that make indirect reference to the threats of soil, and none reference to soil acidification or, in vague mode, to soil salinization. European Union legislative acts, makes more direct reference to the SoiLEX database threats of soil, but it still does indirect reference to some soil threats. There aren´t any direct or indirect reference to salinization, compaction and acidification of soil. All those “invisible threats” should be directly referred at the new soil directive to be done.
Attitudinal and strategic models prevail in studying the capacities of centralized constitutional courts (CCs) to withstand autocratization. Yet, these models rarely scrutinize CCs’ interpretations of political concepts. This article aims to remedy the gap via an institutionalist approach to the significance of conceptualizations of democracy by CCs. It invokes a maximalist reading of democracy to accommodate a wide range of conceptions, is diachronic, squarable with comparative case studies and sensitive to political regime types, using an ideal-typical distinction between semi-authoritarian, illiberal and democratic regimes. The article illustrates the potential of this approach by presenting a dataset on CCs in Hungary and Slovakia. Both regimes have formally powerful CCs with a non-democratic experience. Yet, they seem to have taken a different trajectory since 2010. The article suggests that analysing these two CCs’ conceptions of democracy can advance our understanding of their role in preventing (or failing to prevent) autocratization in Hungary and Slovakia.
This article explores the idea of “embeddedness” (Bussu et al. 2022) based on a larger research project aimed to study the institutionalisation of intersectionality in Spain (1983–2021). On the basis of 18 in-depth interviews with municipal equality technicians and key informants for their trajectory in intersectionality and diversity in different fields of production of public policy, the article introduces two specific contributions to the research programme initiated by Sonia Bussu and her team (2022). On the one hand, we problematise some of the limits of the institutionalisation of intersectionality in the framework of a bureaucratic public action. In doing so, we suggest that bureaucracy offers an explanatory framework for analysing the low capacity for embedding policies related to democratic deepening. Secondly, the text expands the “practical” dimension of embeddedness to include informal working strategies such as time and leadership styles.
The article is devoted to the study of behavioural factors that influence the decision-making of business entities and the population regarding tax evasion. The problem of tax evasion from the point of view of the influence of psychological characteristics of the individual and external economic factors on the deviant behaviour of taxpayers is considered. The influence of these factors on the volume of the shadow economy in the country is proven.
The research allowed us to outline the main models that explain the reasons and motivations of taxpayers when they decide to violate tax legislation. It is emphasized that tax offences as a component of the shadow economy are present in many countries of the world. It is noted that the volume of violations increases with the onset of destructive events in the economy, such as economic and social crises and war. It is stressed that a significant role in the presence of deviant behaviour of taxpayers is played by their financial and legislative ignorance. The main elements of taxes that pose the greatest risks of tax evasion are identified.
It has been found that the level of corruption in the country and the insufficient severity of possible punishment for tax crimes play a significant role in the decision of economic entities to evade taxation. An analysis of the corruption perception index in some countries has been made. It is proved that in less corrupt countries, tax collection is higher than in countries with high levels of corruption. It is emphasized that the lack of proper control by tax authorities leads to a larger scale of tax evasion, so it is necessary to conduct all legally established types of tax audits, despite the martial law in the country.
Education (General), Theory and practice of education
The criminal procedural may be exposed to the state of collapse by security-oriented policies resulting in suspense of the usual formalities of criminal proceedings and replacing them with emergency-oriented mechanisms. The collapse is due to the emergency of the country's political situation and social chaos, which is caused by the protests of a number of citizens against some policies. One of the most important factors of inception of such movement is the expansion of criminal law and maximum interference in people's freedoms and maintenance of political ideology. The Gap between the official norms and accepted values by citizens and insistence of the government to retain the norms via criminal protection of them gradually leads to social crises and civil disobedience. Conservatism, retrogression, standing against social and cultural changes, maintaining the status quo, refraining from fundamental reforms in political and social structures, have no result other than "crisis" and inevitably puts the citizens or a large part of them against the government. One simple solution to quell crisis is to declare the state of emergency and expand powers of the security forces and judicial authorities to arrest, prosecute and adjudicate the cases of protestors rapidly and secretly. The networks of control and supervision on citizens and the power and freedom of action of the police in this situation will be expanded and the logic of confrontation and repression are applied at high level. Due to the crowding of criminal cases in the judicial system as a result of these policies the rules of proceedings and some defense rights are ignored, including the right to have lawyer or the right to public trial, and prompt measures are taken into account due to the government's need to deal quickly and decisively. In such circumstances the guiding principles, especially the presumption and the principle of neutrality, and the government justifies its actions by claiming to maintain order and security of citizens. Summoning and arresting political dissidents without complying with legal frameworks and creating restrictions in cyberspace through filtering social networks and preventing the free flow of information are part of the strategies to deal with the crisis. When the political and social conditions are in an emergency, the fair criminal procedure inevitably collapses, and "extraordinary criminal procedure" prevails, which does not pay attention to the conventional and well-known rules of procedure and is often the product of the will of the political authorities and are dictated in the form of "judicial circulars". Thus, circulars have priority over the law. In this approach, the presumption of guilt is used instead of the principle of innocence, and the accused is treated as a criminal or a convict.The collapse of fair procedures is caused by factors that are mainly related to public strategies and macro policies. Incorrect policies or making wrong decisions regarding some social events and phenomena, legislation without paying attention to the basic needs of the people and ignorance of the political dissidents inevitably aggregate protests and social uprisings. Criminal policies based on arbitrary and baseless criminalization and merely based upon defending and protecting ideology, expanding criminal laws and maximum interference in people's freedoms, as well as the lack of transparency in statutes have unpleasant consequences in long term, and provide confrontation between citizens and policy makers.The substantive and procedural rules on security in the Iranian criminal law indicate that criminal policy makers have ignored some fundamental rights such as the right to choose a lawyer. In addition, following the expansion of the jurisdiction of special courts, which sometimes originates from circular, as well as the increase of the powers of judicial authorities and military forces, they have provided a legal basis for threatening the rights of individuals and the collapse of fair procedures. Holding secret and non-public trails and preventing the communication of court’s decisions are part of these challenges. Adjusting the criminalization and decriminalization of acts that are contrary to the values of citizens or a significant part of them, reforming public policies and avoiding criminal actions that create tension, and saving the criminal justice system from criminal inflation, and most importantly, paying attention to the phenomenon of "generational change" and normative gaps and ideology might be some solutions to prevent the collapse of fair criminal procedure. The Recognition of protests, changing policies and decriminalizing behaviors that have only an ideological aspect, removal of rights-threatening processes, accountability and prescribing discourse instead of criminal threats can prevent the criminal process from collapse.
Objectives
Homelessness is a growing public health concern in Northern Ireland. Our study intends to measure the scale of homelessness in Northern Ireland and identify the potential of using linked administrative data to understand the complex needs of people who experience homelessness (PEH) and contribute to policy and service development.
Methods
All formal applications for homelessness go to one central body the Northern Ireland Housing Executive (NIHE). However, it is possible that a proportion might remain unknown to local housing authorities due to personal circumstances, changes in legislation or eligibility criteria etc, which might mean that formal applications underestimate the true scale of homelessness. In this study of the interplay of homelessness health and exposure to social services, we can identify emergency accommodation centres by using ArcGIS, a geographic information system that allows users to analyse maps and spatial data to identify individuals who have been residing at hostels, addiction centres or women's refuges.
Results
We identified 115 emergency accommodation centres. We plan to use this information to quantify the scale of homelessness in NI and compare the demographic profiles of those who may not be registered with local housing authorities. It is likely these individuals may represent a highly vulnerable population with complex needs and need tailored support packages.
Conclusion
We will discuss some of the limitations of housing-administrative data and the methodologies we explored to help identify those people who may not be known to local authorities that are experiencing homelessness. Our findings can be used to inform policy on providing continuity of care and support for all people experiencing homelessness and reduce barriers to timely access of this support.
Fixing the outcome of sports competitions is one of the biggest threats to the integrity of sports. Sport as a social phenomenon has its own individual and social dimension. However, the degree of benefit for the individual and society can be neutralized by phenomena that threaten the integrity of sports competitions. The goal of this research is to provide an answer to the question of whether criminal law, as a branch of law characterized by the ultima ratio character, should respond to the appearance of fixing the outcome of sports competitions, as well as what type of outcome fixing should be responded to within the framework of criminal law. This research also includes an analysis of certain provisions of the Council of Europe Convention on the manipulation of sports results in order to see the potential scope of the Convention in terms of influence on the criminal legislation of countries that ratify the convention. In the last part of the paper, the criminal offense of fixing the outcome of the competition from Art. 208a. Criminal Code of the Republic of Serbia.
Ya que no fue la inmortalidad un don concedido a los hombres, claramente la muerte es un hecho ineludible. Sin embargo, a pesar de su carácter ineludible; la muerte súbita de un ser amado representa una pérdida irreparable, especialmente porque deja en los sobrevivientes profundos sentimientos de dolor, incertidumbre, temor y desesperanza frente a las interrogantes que se plantean, ante tal evento.
The only common European Union (EU) legislation set up specifically to ensure the welfare of dairy cattle is for calves. As a consequence, there is wide diversity in how dairy cattle welfare is ensured in EU countries. A few countries have legal requirements for dairy cattle welfare, while in others, it is left to industry standards or niche production requirements, typically linked to various premium labels. In this paper, we compared animal welfare provisions in dairy cattle production across five countries with different combinations of legislative and other approaches: Denmark, Germany, the Netherlands, Sweden, and the United Kingdom. Firstly, we aimed to map the diversity of animal welfare initiatives. Secondly, we used the Benchmark method of expert valuations and weightings of the relative importance of individual welfare provisions. We found that Denmark and Sweden have the highest level of dairy cattle welfare provisions as measured by the Benchmark method, partly due to high legislative welfare requirements, followed by the United Kingdom, which has an extensive industry standard with very high uptake. Germany and the Netherlands, on the other hand, have lower levels of documented welfare provisions, and correspondingly a Benchmark score closer to a baseline defined by legal requirements at EU level. We also found differences in what elements of animal welfare were focussed on. Some initiatives emphasised fulfilling the social needs of cattle, while others focused more on space and freedom to move. Also, the countries with the highest Benchmark score had a relatively high level of production of organic and other specialty dairy products. We found the effect of national legislation or ambitious industry standards on dairy cattle welfare to be much larger than previous studies have found in either pigs or poultry. At a time when the EU is considering stepping up its efforts to improve animal welfare in terms of common minimum standards, the results of this study could have important policy implications. The diversity in the level of dairy cattle welfare standards found across countries may speak in favour of having shared minimum standards, both at EU level and globally. However, even among countries with a similar Benchmark score, we found a difference in the kinds of welfare provisions at work, which may make full harmonisation of standards more challenging.
The idea of the common good is missing in politics today. Fighting for political ideology and self-interest has replaced finding solutions to problems or practising the ethics of public interest. We urgently need to create a new social contract with proper implementation of the values set out in the national Constitution. This study was undertaken from a reformed ethical perspective, with special emphasis on the ethics of the common good. Methodologically, in researching this article, the author was guided by two related questions: how do ideas, beliefs and norms form? What happens in society to let these norms shape our actions? Conducting research guided by these questions has helped the author to understand that for many communities, stability is maintained by rules, norms, beliefs, convictions and worldview as located in tradition and culture. It is institutions such as those outlined here that still guide attitude and behaviour in the majority of cases. While being sensitive to these institutions and the role they play, through policy and legislation, under constitutional supremacy, the Constitution has become the primary guide and source for community stability.
Interdisciplinary and/or interdisciplinary implications: This article brings the disciplines of theology, politics and governance together in defining the ethics of the common good in contemporary South African politics. It proposes that the moral prerequisite for solving the deepest problems our country now face is a commitment to the ethics of the common good. By definition, this will require the engagement and collaboration of all the ‘stakeholders’ – government, businesses, civil society groups, faith groups and especially young people.
Alice Newton, Miguel Cañedo-Argüelles, Miguel Cañedo-Argüelles
et al.
The Ria Formosa is an important transitional and coastal lagoon on the south coast of Portugal that provides valuable ecosystem services. The lagoon is a protected area under national and international conventions. There is a great potential for Blue Growth sectors, such as aquaculture and coastal tourism, but these rely on good water quality. European environmental legislation, such as the Water Framework Directive, requires member states, such as Portugal to implement management measures if a surface water body is not of good ecological status. This work addresses the effectiveness of management measures, such as wastewater treatment plant implementation and dredging, on the water quality of the Ria Formosa coastal lagoon system. This is an important social-ecological issue, since management measures can be very expensive. The ecological status of Ria Formosa was evaluated, according to the physico-chemical and biological quality elements of the Water Framework Directive. The main indicators were the physico-chemical quality elements of nutrient and oxygen condition, and the biological quality element chlorophyll a, as a proxy for phytoplankton biomass, under the Water Framework Directive. The data for these quality elements from the Ria Formosa were analyzed for consistency with the classification for the Water Framework Directive water bodies. The data after the implementation of management measures was compared with historical data to evaluate if these measures had been effective. The relation between nutrient pressures, meteorological and hydrological conditions was addressed, especially rainfall and runoff. Results showed a decrease in nutrient concentration after the management interventions, despite the increase of population and intensifying agriculture in the catchment. The Ecological Status is spatially variable with an overall moderate status, indicating the need for further management measures. There is a significant reduction in nutrient pressure on the lagoon during drought years. This indicates that climate change may alter the structure and function of the lagoon in the future.
The COVID-19 outbreak forced many employers worldwide to organize remote workplaces and introduce new technologies of labor organization in order to protect employees from the threat of disease. After the pandemic is over, it is reasonable to anticipate an increase in telework. The legal framework of telework continues to evolve unevenly in different countries around the world. The BRICS countries lag behind the United States and the European Union in terms of the legal regulation of telework, and they lack the necessary statistical data collection. The integration of the BRICS countries calls for the development of unified approaches to the legal status of teleworkers. The creation of new jobs in the conditions of the pandemic requires the development of the regulatory framework, analysis of innovative experience and assessment of law enforcement. This article systematizes the approaches of Russian and world scientists to the major issues of telework regulation, including: the conceptual apparatus, the advantages and disadvantages of remote employment, the analysis of legislative initiatives of the BRICS countries in the context of a pandemic and the allocation of best practices, the features of concluding, changing and terminating an employment contract, determining the rights and obligations of teleworkers, the implementation of the right to social partnership, and ensuring labor protection, safety and well-being. The findings of the analysis lead to the conclusion that in order to achieve decent work in digital economy, the BRICS countries need to design a general approach to the regulation of telework for similar to the approach taken by the European Union, and to upgrade existing legislation.
Meeting general interest needs has always been a concern of public authorities. The performance of the activity, both in the public and in the private sector was challenged to continuous adjustment in order to meet social needs and to provide certain services. On this occasion, on first sight, public medical services stood out as important from the rest of the public services, due to the fact that the concern of the authorities for the protection of public health was globally highlighted in the foreground. From this point of view, it is all the more necessary to have a coherent legal framework to regulate in an unitary way the general legal regime of public services, as there is a tendency to digitize public administration. Therefore, we are urged by the regulation of public services in the Administrative Code to analyze the legislator’s perspective on this matter. At the same time, the states are concerned to transpose European normative acts, acts with binding legal force, into the national legislation. In this respect, this paperwork will be focused on certain public services, by way of a case study, namely it will analyze the way of transposing the European legislation on road transport into our national legislation. Finally, we will draw the conclusion that emerges from the documentation of the proposed topic.
Serap A. Akgür, A. Ender Altıntoprak, Zeki Yüncü
et al.
This article describes the background, legislations and new approaches in Turkey for control of drug use of drivers. In recent years, in parallel to the widespread use of illicit drugs, the number of drivers affected by drugs is also increasing. It is well established that alcohol impairs driving ability and increases the risk of accidents. New studies show the contribution of illicit drugs to fatal/nonfatal road accidents. With the addition of social, economical and cultural factors, the traffic of drugs has resulted in an increased ratio of drugs of abuse and addiction in our country which is located in a crowded transition area (UNCLEAR). Drinking and driving have become less socially acceptable. Awareness has also grown about the impairment caused by other drugs. Driving under the influence of a legal (prescription drug) or an illegal drug as a controlled substance is controlled by law (Turkish Road Traffic Act 2918 and Related Legislation-Section/ 97 Prohibition for DUI of alcoholic beverages narcotics and euphoric substances). In addition, using screening tests on the road (on-site tests) requirement for controlling DUID is compulsory in order to ensure security of our country’s roads from materials including saliva, and sweat to determine the drivers who are under the influence of drugs, according to important developments in EU countries in recent years. Proof of drug consumption requires analysis of a body fluid to identify the drug. The various methods of drug analyses in alternative samples each have problems with respect to sample collection, handling, and transportation as well as toxicological assays used. Therefore the determination of illicit drug use in drivers and its influence on driving is very important. Many prescription drugs, especially sedative-hypnotic or strong analgesics, are classified as controlled substances Also, it should be kept in mind that many addicted patients who constitute a considerable proportion of psychiatric patients may be drivers. Apprehension and punishment of people who chose to drive while impaired has become a higher priority. More stringent controls and onsite tests should be adopted. In this article, drug testing regulations on drivers were evaluated based on legal, social and toxicological principals and the requirements of international standards are discussed.
Sürücülerde alkol dışı madde kullanımının saptanması: Neden? Nasıl? Nerede?
Bu yaz› Türkiye de, trafikte madde kullan›m›n›n de¤erlendirmesi amac›yla kanun ve yeni yaklafl›mlara yönelik olarak haz›rlanm›flt›r. Geçmifl y›llarda yasad›fl› madde kullan›m›ndaki art›fla paralel olarak madde etkisinde olan sürücü say›s›nda da bir art›fl olmufltur. Alkolün sürücünün yetkinli¤ini azaltt›¤› ve kaza riskini art›rd›¤› bilinmektedir. Yeni araflt›rmalar yasad›fl› maddelerin ölümcül olan ya da olmayan kazalara olan etkisini göstermektedir. Yasad›fl› madde nakil yollar› üzerinde yer alan ülkemizde madde kullan›m› sosyoekonomik ve kültürel faktörlerin de etkisiyle artmaktad›r. ‹çki içme ve araç kullanma sosyal olarak daha az kabul edilen bir durum olmufltur. Bunun yan› s›ra di- ¤er maddelerin sebep oldu¤u zararlar konusunda bilgilenme artm›flt›r. Yasal ya da yasad›fl› maddelerin etkisi ile araç kullanma yasalarla düzenlenmifltir. Ayr›ca son y›llarda Avrupa Birli¤i ülkelerindeki geliflmeler, karayollar›n›n güvenli¤i için tükürük, ter gibi materyallerde madde varl›¤›n› araflt›ran testlerin karayollar›nda uygulanmas› gereklili¤ini ortaya koymufltur. Madde al›m›n›n kan›tlanmas› için beden s›v›lar›nda madde varl›¤› gösterilmelidir. Madde varl›¤›n› de¤erlendiren farkl› dokular›n toksikolojik analizlerinde örnek toplama, elde etme ve nâklinde sorunlarla karfl›lafl›lmaktad›r. Ancak yasad›fl› madde kullan›m› ve bunun araç kullanma becerisine olan etkisi belirlenmelidir. Birçok reçete edilen ilaçlar özellikle sedatif hipnotikler ya da güçlü analjezikler kontrol edilen maddeler olarak s›n›fland›r›lm›flt›r. Ayr›ca trafikte psikiyatrik sorunu olan kifli olarak de¤erlendirilen çok say›da madde ba- ¤›ml›s› olan floför oldu¤una dikkat edilmelidir. Madde etkisinde araç kullananlar› tutuklama ve cezaland›rma öncelikli bir durum haline gelmifltir. Bu flartlarda sürücülere duyarl› ve h›zl› yan›t al›nan baz› testler uygulanmal›d›r. Bu yaz›da sürücülerde madde testi düzenlemeleri yasal, sosyal, toksikolojik prensipler ve uluslararas› gereklilikler göz önüne al›narak tart›fl›lm›flt›r.
Business as usual is widely acknowledged as the main driver of ecological collapse and climate breakdown, but less attention is paid to the role of law as usual as an impediment to climate justice. This article analyses how domestic and international environmental law facilitate injustices against living entities and nature. It calls for a paradigm shift in legal theory, practice and teaching to reflect the scale and urgency of the unfolding ecological catastrophe. Section 2 outlines the links between climatic harms and climate injustices. This is followed by discussions of unsustainable law and economic development in sections 3 and 4. Section 5 examines the potential contribution of new materialist legal theory in bringing about a legal paradigm shift that reflects the jurisgenerative role of nature in promoting climate justice.<br /><br /> El statu quo empresarial está ampliamente considerado como el actor principal del colapso ecológico y el desastre climático, pero se presta menos atención al papel del statu quo jurídico como obstáculo a la justicia climática. Este artículo analiza cómo el derecho ambiental nacional e internacional facilita que se produzcan injusticias contra los seres vivos y la naturaleza. Pide un cambio de paradigma en la teoría, la práctica y la enseñanza del derecho, para reflejar la escala y la urgencia de la catástrofe ecológica que se está desarrollando. La sección 2 dibuja las relaciones entre el daño climático y la injusticia climática. A esto le sigue una argumentación sobre el desarrollo jurídico y económico insostenible, en las secciones 3 y 4. La sección 5 examina la contribución potencial de la nueva teoría jurídica materialista en el sentido de provocar un cambio de paradigma jurídico que refleje el rol jurisgenerativo de la naturaleza para promover la justicia climática.<br /><br /> <strong>Available from:</strong> <a href="https://doi.org/10.35295/osls.iisl/0000-0000-0000-1177" target="_blank">https://doi.org/10.35295/osls.iisl/0000-0000-0000-1177</a>
This article presents an exploratory analysis of the state legislation on communication in Mexico, proposing a categorization and highlighting the issues that are considered relevant in the matter to the extent of being legislated in each region. The sub-national category is used because it allows the resignification of the regional
as a scenario with its own political life, irreducible to the sum of the parts of the national State. The national bias has remained in the investigation on the legislation in social communication in Mexico, privileging the analysis of the federal laws, this article addresses the knowledge gap on state laws. The final discussion refers that the
differences between the regional legal instruments are an indicator of the sub-national category.
Communication. Mass media, Journalism. The periodical press, etc.
The nature, complexity and scale of crisis situations, as well as the organization of crisis response
interventions or associated responsibilities, require the planning and deployment of prevention actions and, in
particular, post-event in all environments, in a unique management and coordination system. In order for the
intervention structures to perform their missions, they must have a common, simple planning and execution
framework capable of synchronizing the actions of the entities within each category of intervention forces into
standard multifunctional operating procedures. The modernization and efficiency of the intervention structures for the
control of the behavior of persons, groups and multitudes is achieved by harmonizing the internal legislation with
Community and international humanitarian law, improving the independent preventive-action and managerial forms,
and procedures in cooperation with other state institutions and the improvement of international police cooperation.
Social situations exert significant control over human behavior. The actions and reactions of the individual to the
stimuli in a particular social environment are determined by the forces and constraints specific to that environment to
a much greater extent than would be expected if only the intimate personality of the person concerned were to be
considered. Even aspects that seem trite, insignificant, can cause major changes in the behavior of people in a
particular social situation.